SANTOSH SAHU Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) ONE Santosh Sahu son of Aklu Sahu, resident of village Arya, PO & PS - Kisko, District -Lohardaga after suffering conviction for the charge of Section 302 and 307 IPC vide impugned judgment dated 31st May, 2014 handed down by learned Sessions Judge, Lohardaga preferred Cr. Appeal (DB) No. 458 of 2014.

(2.) RECORD reveals that the said appeal was admitted by the Court on 14th October, 2014. Alongwith Appeal, an Interlocutory Application (I.A. No. 5372 of 2014) was moved by his father -Aklu Sahu son of late Bhuneshwar Sahu, praying for provisional bail to appellant, taking the plea that his daughter -Priya Kumari (daughter of original appellant) aged eight years is suffering from cancer and has been referred to All India Institute of Medical Sciences (New Delhi) by the doctors of RIMS, Ranchi. In the said application, it was averred that wife of appellant -Santosh Sahu had died on 1.3.2011 leaving behind one son, namely, Rahul Sahu aged 12 years and two daughters, namely, Chandani Kumari (10 years) and Priya Kumari (08 years). In para -7 of the said application, not only the ailment of cancer from which Priya Kumari was shown to be suffering, many other ailments were also mentioned. Alongwith said application, certain medical prescriptions were also attached. In one of the prescriptions, the name -Priya Kumari is mentioned, whereas there is no mentioning of the complete address in the column of 'Full Address'. Certain medical prescriptions with regard to Sadar Hospital, Lohardaga are also annexed with the said application.

(3.) THE Court believing the affidavit of Aklu Sahu, father of appellant -Santosh Sahu, and the documents attached with the application to be true, granted provisional bail to appellant -Santosh Sahu vide order dated 14.10.2014 till 16th November, 2014 on furnishing bail bonds of Rs. 10,000/ - with two sureties of the like amount to satisfaction of Sessions Judge, Lohardaga. It is how appellant -Santosh Sahu was released on provisional bail till 16th November, 2014 with a direction to surrender on 17.11.2014.